Law Professors and Context-Based Education: The Clinic and the Classroom

New Mexico’s clinical model is quite unusual as far as clinic models go.  All of us who teach in the clinic also teach in the classroom and many faculty members rotate through the clinic.  While the model has its challenges, we think the benefits far outweigh those challenges.  One huge benefit is that faculty members are in touch with how the law actually affects people’s lives, particularly the lives of poor people.  In Best Practices, this is called “context-based education”, ( p. 141.)  

 

My colleague, Nathalie Martin, has blogged about some of her clinical experiences on the Credit Slips blog.   You will notice that the cases and situations she describes involve clients of the clinic and the way the credit industry seems to target poor, uneducated people.    Professor Martin does not just read about these issues.  She lives them!   Here are links to some of  her blogs:

Law 2.0 to be published January 2009

Here’s the abstract from David Thomson University of Denver Sturm College of Law:

Legal education is at a crossroads. As a media saturated generation of students enters law school, they find themselves thrust into a fairly backward mode of instruction, much of which is over 100 years old. Over those years, legal education has resisted many creditable reports recommending change, most recently those from the Carnegie Foundation for the Advancement of Teaching, and the Clinical Legal Education Association. Meanwhile, the cost of legal education continues to skyrocket, with many law students graduating with crushing debt they have difficulty paying back. All of these factors are likely to reach a crescendo in the next few years, setting the stage for a perfect storm out of which can come significant change.

But legal education has successfully resisted systemic change for many years. Given that dubious track record, the only way significant change can reasonably be predicted is if something is different this time. Fortunately, there is something different this time: the ubiquity of technology. Since the MacCrate report in 1992, the internet has achieved massive growth, and a generation of students have grown up with sophisticated and pervasive use of technology in nearly every facet of their lives.

This book describes how the perfect storm of generational change and the rising cost and criticisms of legal education, combined with extraordinary technological developments, will change the face of legal education as we know it today. Its scope extends from generational changes in our students, to pedagogical shifts inside and outside of the classroom, to hybrid textbooks, all the way to methods of active, interactive, and hypertextual learning. And it describes how this shift can – and will – better prepare law students for the law practice of tomorrow.

Check out the book’s companion blog also.

Going Publico on Faculty Pro Bono

In October 1999, the AALS Commission on Pro Bono and Public Service Opportunities issued its report Learning to Serve.  The Commission strongly emphasized the importance of faculty pro bono: 

“…active faculty participation in pro bono work is highly important for the sake of their students.  Law teachers teach as much about professional responsibility by what they do as by what they say.  If our conduct and actions are inconsistent with the principles and rules that we teach, we undermine both our credibility as teachers and the legitimacy of the ethical principles and rules themselves.”  

The Commission recommended “that all law schools adopt a formal policy to encourage and support faculty members to perform pro bono work.”  Unfortunately, nearly ten years later, few law schools have acted on this recommendation.

The Commission recommended six elements be included in pro bono policies:   Continue reading

Liveblogging the SEALS Conference 2008: Revamping the Law School Curriculum

Check it out at:

http://lsi.typepad.com/lsi/2008/07/liveblogging-th.html

Radical Reform?

Check out the series of short three to five page articles on Radical Proposals to Reform Legal Pedagogy. 43 Harv. C.R.-C.L. L. Rev. 595-650 (2008). (Go to Articles)  You’ll find a number of Best Practices themes.

Suggestions run heavily toward  “more clinical and experiential.” That’s Erwin Chemerinsky’s pitch straight up.  Will look forward to seeing what he does at  the new UC Irvine.  Beth Cohen  sets out a similar argument dressed up in an analogy to language immersion schools.

“Most entertaining” prize?  My vote says it’s a tie.   John Henry Schlegel  argues we should admit 18 -year-olds who might tolerate the infantilizing effects of law school, or 30-year-olds, who won’t, but not 22-year-olds. Peggy Cooper Davis favors “Slaying the Three Headed Dragon” — read her piece to identify the dragon’s heads.

Two American Keynotes at International Clinical Conference in Cork, Ireland

Jay Pottenger from Yale and Beryl Blaustone from CUNY gave two of the keynote presentations at the recent International Clinical Conference in Ireland.   The theme of the conference was “Lighting the Fire:  The Many Roles of Clinical Legal Education”. (Wonderful conference by the way, kudos to the organizers!).  

An exciting thing about the American presentations was the leadership,,, from MacCrate, to Best Practices and Carnegie.   And, while we complain that law schools in the U.S. have not implemented MacCrate as you would expect from such an important report, nearly every law school in the U.S. now has some form of client-service clinic.   It turns out that an important report was published in the United Kingdom by the Lord Chancellor’s Committee for Education and Conduct in 1996 and was followed in 2001 by the Law Society of England and Wales proposing a new  legal educational framework to teach law students knowlege, skills and ethics.  In the wake of these two important reports, some law schools in the United Kingdom responded by including more simulation courses in the curriculum.  Professor Pottenger’s presentation focused on the superiority of client-service clinical models to simulation programs, particular in imparting training on ethics and building on student motivation.  Professor Beryl Blaustone did a masterful job of demonstrating her techniques for providing meaningful feedback to students in a client- service clinical program.   Her technique of asking the student to identify their own issues with their performance and using that as the springboard for the feedback session is very effective.   Her presentation demonstrated that there are simply some things that can only be taught through the supervison and feedback process in a client-service clinic.

This two-day conference included a wealth of papers and from many jurisdictions addressing the philosophy and techniques of clinical legal education in law schools in many countries.  It was a stimulating conference and the Best Practices book was often mentioned.  I was really proud of the leadership that American clinical legal teachers demonstrated at this important conference.  And the two keynotes by Beryl Blaustone and Jay Pottenger did all clinical teachers from the United States proud!   The conference web page is here: http://www.numyspace.co.uk/~unn_mlif1/school_of_law/IJCLE/

Next year’s International Clinical Conference will be in July in Australia!

Did You Know That “Bar Courses” Don’t Matter?

Do “bar courses” make a difference?  Perhaps not, according to data from a recent study.  If the data are correct, what are the implications for law schools?

A June, 2007, Journal of Legal Education article reported that an empirical study at one law school determined that bar passage rates were not affected by taking “bar courses” for students in the first, second, or fourth quartile of their class.  Douglas K. Rush and Hisako Matsuo, Does Law School Curriculum Affect Bar Examination Passage?  An Empirical Analysis of Factors Related to Bar Examination Passage During the Years 2001 Through 2006 at a Midwestern Law School, 57 J. Legal Educ. 224 (June 2007).

The study was limited to one school, and the results may be different at other schools.  Irregardless, the findings of this study should motivate every law school to ask, “How can we improve our efforts to prepare our students for the bar examination?” Continue reading

New Article: No Excuses Left for Failing to Reform Legal Education

The June/July 2008 issue of the Ohio Bar Association’s magazine, the Ohio Lawyer, focuses on “Mending Legal Education.”  http://www.scbar.org/public/pdf/mendinglegaled.pdf Two articles in the magaqzine discuss the implications of the Best Practices book and the Carnegie report.  One article was written by Nancy Rogers, President of the Association of American Law Schools. 

The other article points out that law teachers no longer have Continue reading

Public Service and Professional Identity

Here at the University of Washington Law School, we’re just entering our third year of the Gates Public Service Program. In addition to providing five fullride scholarships with funding for summer jobs and a range of other support, the program provides public service programming for the entire student body. http://www.law.washington.edu/GatesScholar/ Continue reading

Peer Assessment

I hate to be one of the first to mention it, but it feels like summer is waning. As much as I love what I do during the academic year, summer break never seems long enough to catch up on what gets back-burnered by the demands of teaching – in my case, teaching students within the context of litigation. Maybe I’m jumping the gun in sensing the nearness of fall. But I’m working on my syllabus. Continue reading

A Conversation Circle with Students on Professional Identity

On returning from a women’s retreat in April where we spent some time trying to identify what we long for, I happened to open Parker Palmer’s book, A Hidden Wholeness, looking for a wonderful quote analogizing the soul to a wild animal.  (“If we want to see a wild animal, we know that the last thing we should do is go crashing through the woods yelling for it to come out. But if we will walk quietly into the woods, sit patiently at the base of the tree, breathe with the earth, and fade into our surroundings, the wild creature we seek might put in an appearance.”) On the preceding page I happened to see a reference to “formation.” Continue reading

Student Motivation and Cultural Context, Self Awareness and Intercultural Communication

I have been gratified about the positive reaction I have received to my posts on cultural issues.  I have received several lovely emails and requests about my article coming out in the Wash. U. Journal of Law and Social Policy.  It should be out this fall.  Meanwhile, here is an excerpt about the power of clinical legal education in enhancing student learning about these issues.  As always, I welcome comments and suggestions! Continue reading

University of Washington Legal Education at the Crossroads Conference

September 5-7, Seattle, WA

Register and check out the preliminary schedule here:

https://www.uwcle.org/register_legaled.php

UW School of Law to host “Legal Education at the Crossroads”

The UW School of Law will host a working conference, Legal Education at the Crossroads — Ideas to Accomplishments: Sharing New Ideas for an Integrated Curriculum, September 5-7, 2008. The conference will be held on the UW campus at William H. Gates Hall, home to the law school. Continue reading

Conversations on Professional Identity

I mentioned in my post on “Curriculum Reform: Best Processes?’ that one of our curriculum committee “accomplishments” this year was initiating conversations.

Our conversation on Profession Identity took place during a very busy week for faculty and at the same time as the Student Bar Association election speeches. So our conversation involved less than thirty people. What it lacked in size, it made up for in content. Continue reading

Register for the UW’s Legal Education at the Crossroads Conference

Sorry it’s taken me longer to post this than expected:  The good news:  it was my left shoulder and I’m a right-ie.  The bad news: I’m clumsy, it was a cement floor and my shoulder’s broken.  And all because my internet connection wouldn’t work and I was trying to figure out what was wrong.

You can sign up for the conference and take a look at the preliminary schedule at:

http://www.law.washington.edu/News/Articles/Default.aspx?YR=2008&ID=Crossroads

Registration closes August 22, 2008, but don’t wait to register and make your hotel reservation: The UW’s Husky football team opens their season against BYU on the conference weekend and hotel space in Seattle is going fast.